TERMS & CONDITIONS

TERMS & CONDITIONS

A. By using and/or visiting this website (collectively, including all Content available through the ravensymonepresents.com and ravensymonemobile.com domain names, the " Raven~Symoneé Presents Website", or "Website") (collectively, the “Service”), you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) Raven~Symoneé Presents’ privacy notice, found at http://www.ravensymoneprsesents.com/privacy and incorporated here by reference. If you do not agree with any of these Terms of Service, you may not use any portion of the Service.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.ravensymonepresents.com/terms. Raven- Symone Presents may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

C. AUTHORIZED USE OF THE SERVICE: The Service provides you with the ability to upload videos and other user generated content (collectively “Submission”) in connection with any user generated section of the Service including the Voice your Voice section of the Service, or possibly in connection with limited promotions on the Service. The creation and storage of your Submission is subject to availability, and no guarantee is made regarding any amount of storage space or length of time for such storage. Submissions may not be posted at all or may be removed in our sole discretion, for any reason, without notice. The Service is provided for your personal and non-commercial use. Any other use of the Service requires prior written consent.

D. PRIVACY: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy located at http://www.ravensymoneprsesents.com/privacy.

E. UNAUTHORIZED USE OF THE SERVICE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content or other materials available on the Service. You may not take any action to interfere with the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. Raven~Symoné Presents is under no obligation to monitor any third party postings to the web site including any Submissions, or other communications created or transmitted through the Service and assumes no responsibility or liability arising from the content of any such materials. You may not download, use, copy, license, or otherwise exploit any materials or content on the Service in any manner or for any purpose including commercial use without our prior written consent. You may not resell use of, or access to, the Service to any third party.

E. ACCEPTABLE USE POLICY: This Service provides you with the ability to upload Submissions for possible posting on the Service. When using such features, you expressly warrant, represent and agree that:

(a) you own all right, title and interest in and to the Submission and any and all elements thereof and you have express written permission that you can provide upon request from any and all third parties appearing in such Submission to use such third parties in and as part of your Submission and any third party elements;

(b) any and all Submissions or any part thereof supplied by you are your own fully original creations and do not copy in whole or in part from any other work;

(c) any and all Submissions or any part thereof supplied by you do not contain any third party trademarks, logos, service marks and/or brand identifiers;

(d) any and all Submissions (including but not limited to any content, materials or elements as integrated into such Submissions) supplied by you will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations;

(e) you will not post and/or use any content that is libelous, defamatory, abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable or offensive, in our sole discretion; and

(f) you have the right to provide and send messages to any email address that you input to send emails through the Service

You hereby grant to Raven~Symoné Presents, its parent companies, subsidiaries, affiliates, advertising agencies, licensees, designees, successors and assigns (“Releasees”) a perpetual, worldwide, irrevocable, royalty-free license to use, redact, publish, republish, copy, distribute, modify, and/or otherwise use your respective Submission, including any and all intellectual property contained therein, alone or with other materials, in any medium now known or hereinafter developed, without payment of compensation to you and without seeking any further approval from you or anyone else appearing in your Submission. By submitting the Submission and any elements of such Submission in which you appear, you hereby grant Releasees permission to use in perpetuity your name, personal, voice, portrait, likeness, performance, photograph, personal and biographical information, recordings and/or motion pictures or videos of you either alone or accompanied by others and other material (collectively, “Likeness and User Elements”), in any manner and in any media, throughout the world in connection with advertising, marketing and promotional materials relating to Raven~Symoné Presents and this Service, products and services, or for any other purpose. You further agree to execute any documents necessary to be executed by you or cause any one appearing in your Submission to execute a consent and release upon request of Raven~Symoné Presents.

You understand that we are relying on your consent as provided in these Terms of Service and your consent and release is irrevocable. You agree to be solely liable for Submissions and all elements therein supplied by you to us. You agree that you will not hold Releasees, or anyone who receives permission from any of them, responsible for any liability resulting from the use of your Likeness and any elements supplied by you (including, without limitation, what might be deemed to be a misrepresentation of me, my character or my person, any claim based on infringement, invasion of privacy, portrayal in false light, defamation or right of publicity) and any other elements of my Submission or my Submission as a whole.

F. OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") provided to you are the property of Raven~Symoné Presents and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Raven~Symoné Presents hereby grants you a limited personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Raven~SymoneéPresents. Use of Raven~Symoné Presents and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

G. DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Raven~Symoné Presents is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAVEN-SYMONÉ PRESENTS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY RAVEN-SYMONÉ OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Raven~Symoné Presents’ liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service, (ii) the content of any elements including any User Elements supplied by you and any and all claims in connection with your Submission (iii) your use of materials or features available on the Service (except to the extent a claim is based on infringement of a third party right by materials created by us) or (iv) a violation by you of any and all applicable laws, rules, or regulations.

H. THIRD PARTY HYPERLINKS

The appearance of external hyperlinks in any form, generated by Raven~Symoneé Presents or third parties does not constitute endorsement by Raven~Symoné Presents, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Raven~Symoné Presents does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Raven~Symoné Presents is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Raven~Symoné Presents nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Raven~Symoné Presents will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

I. GOVERNING LAW: The laws of the State of California shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.

J. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE: Materials may be made available via the Service by third parties not within our control. We are under no obligation to scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(v) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

K. SEVERABILITY. If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

L. WAIVER; REMEDIES: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.